Derecktor Florida, Inc. v. M/V Anodyne et al

Plaintiff: Derecktor Florida, Inc.
Defendant: M/V Anodyne and M.V. ANODYNE, LLC
Case Number: 0:2024cv60395
Filed: March 11, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Nature of Suit: Contract: Marine
Cause of Action: 46 U.S.C. § 1101 Violation of Maritime Regulations
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2024 Filing 18 First AMENDED COMPLAINT against M.V. ANODYNE, LLC, M/V Anodyne, filed by Derecktor Florida, Inc.. (Attachments: #1 Exhibit 1 - Vessel Construction Agreement, #2 Exhibit 2 - Shutdown Letter, #3 Exhibit 3 - Paid Invoices, #4 Exhibit 4 - First Amendment to Vessel Construction Agreement, #5 Exhibit 5 - Paid Invoices to First Amendment to Vessel Construction Agreement, #6 Exhibit 6 - Ninety Day Notice, #7 Exhibit 7 - Payment Invoice, #8 Exhibit 8 - Notice of Termination)(Gray, Corey)
April 18, 2024 Filing 17 PAPERLESS ORDER granting #16 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Response due by 4/29/2024. Signed by Judge Raag Singhal on 4/18/2024. (jgr)
April 17, 2024 Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, by Derecktor Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Gray, Corey)
April 9, 2024 Filing 15 NOTICE of Attorney Appearance by John Hearring Wilbur, III on behalf of M.V. ANODYNE, LLC. Attorney John Hearring Wilbur, III added to party M.V. ANODYNE, LLC(pty:dft). (Wilbur, John)
April 8, 2024 Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by M.V. ANODYNE, LLC (Fertig, Christopher)
April 8, 2024 Filing 13 Clerk's Notice to Filer re #12 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (scn)
April 8, 2024 Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by M.V. ANODYNE, LLC (Fertig, Christopher)
April 8, 2024 Filing 11 NOTICE of Attorney Appearance by Christopher Rogers Fertig on behalf of M.V. ANODYNE, LLC. Attorney Christopher Rogers Fertig added to party M.V. ANODYNE, LLC(pty:dft). (Fertig, Christopher)
April 8, 2024 Filing 10 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, ( Responses due by 4/22/2024.) by M.V. ANODYNE, LLC. (Lidondici, Darlene)
April 8, 2024 Filing 9 NOTICE of Attorney Appearance by Darlene M. Lidondici on behalf of M.V. ANODYNE, LLC. Attorney Darlene M. Lidondici added to party M.V. ANODYNE, LLC(pty:dft). (Lidondici, Darlene)
March 27, 2024 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Derecktor Florida, Inc.. M.V. ANODYNE, LLC served on 3/18/2024, response/answer due 4/8/2024. (Gray, Corey)
March 18, 2024 Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by Derecktor Florida, Inc. identifying Corporate Parent Derecktor Holdings, Inc., Other Affiliate Darlene M. Lidondici, Other Affiliate Christopher R. Fertig, Other Affiliate John Wilbur III, Other Affiliate Charles E. Scripps, Other Affiliate Derecktor Fort Pierce, Inc., Other Affiliate Derecktor New York, Inc., Other Affiliate Paul Derecktor, Other Affiliate David Bohonnon for Derecktor Florida, Inc. (Gray, Corey)
March 13, 2024 Filing 6 Order Requiring Scheduling Report: Within twenty (20) days of an appearance by a Defendant in this case, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 3/13/2024. See attached document for full details. (wce)
March 13, 2024 Filing 5 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 3/13/2024. (jgr)
March 13, 2024 Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 3/13/2024. (jgr)
March 12, 2024 Filing 3 Summons Issued as to M.V. ANODYNE, LLC. (wce)
March 11, 2024 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (wce)
March 11, 2024 Filing 1 COMPLAINT against M.V. ANODYNE, LLC, M/V Anodyne. Filing fees $ 405.00 receipt number AFLSDC-17359326, filed by Derecktor Florida, Inc.. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - 2019 Shutdown Letter, #3 Exhibit 3 - January 2020 through June 2020 Invoices, #4 Exhibit 4 - July 2020 through September 2022 Invoices, #5 Exhibit 5 - 90 Day Notice, #6 Exhibit 6 - May 2023 Invoice, #7 Exhibit 7 - 30 Day Notice, #8 Civil Cover Sheet, #9 Summon(s))(Gray, Corey)

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Plaintiff: Derecktor Florida, Inc.
Represented By: Corey Patrick Gray
Represented By: Marshall Dore Louis
Represented By: Stuart Harold Singer
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Defendant: M/V Anodyne
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Defendant: M.V. ANODYNE, LLC
Represented By: Christopher Rogers Fertig
Represented By: Darlene M. Lidondici
Represented By: John Hearring Wilbur, III
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